Experts need a quick advise asap please...

[Parkash1234]

Hi all respected experts,

I am preparing for file for ILR which is going to due in 2 months. I have a confusion which I thought to post here for expert reviews.

I am going to write to my previous employers to provide my absence letters when I was outside the country. Ok confusion is I had change my employer three times and every time I got my tier 2 stamped with new employer I requested them to change start date after .... So I can visit my family. I had some family issues.

Following are the dates...
1 - Tier 2 stamped 12 august 2015 and I request to travel from 12 August to 31 August and start date as 1st September. Is that an issue? if not then employer need to mentioned this in letter?

2 - Tier 2 stamped 4 December 2016 and requested employer to put start date 1st Jan 2017, and traveled between those days. Same questions for this one as above?

3 - Tier 2 stamped 12 December 2018 and requested employer to put start date as 15 Jan. and traveled.

Could you please all help on this. Many Thanks in advance

[zimba]

Start dates are not important visa issue date is

[Parkash1234]

Thanks Zimba for your prompt response. Do I need to request customer to put those dates on letter?

[zimba]

Customer ?

[Parkash1234]

Sorry typo I mean employee

[Parkash1234]

All experts, always greatly appreciated your help

Finally, I 'm going to hit my ILR application in first two weeks of September. I have prepared my file using below docs checklist. Could you please double check if everything is Oky?

Passport (I have three in total old and new)
Current BRP
Master degree from UK
Life in UK Certificate
Recent 1 month Payslip
Recent 1 month Bank Statement
Employment letter from current Employer (67K Package)
Letter from Previous Employer confirming Absences
Resident identification requirement (I been staying as rented room so what should I provide as Bills, consul tax etc. are not on my name? )

I have few more major concerns, your answers would highly appreciated.

1 - During 5 Years (60 Months) on tier 2 I was out of job for nearly 24 months, not in one go as I have 4 employers so gaps between employers while finding jobs. Any issue here? like HMRC tax etc.
2 - Once I got Curtailment letter for 60 days..I had found job but employer need to advertise job etc. So I had to apply for temporary FLR(o) to get some time and withdraw my FLR(o) before finger prints and replaced with tier 2. my FLR(o) application considered as Void and full payment was return. My concern is if 5 Year tier 2 time period break?
3 - in worst case if I get refusel, my current Tier 2 visa will terminated or I can still spend one more year even after refusal?

Please I''m so worried. All experts need your attention. Many Thanks in advance

[Parkash1234]

I don't know why my topic has been moved to old thread - Could anyone please reply

[zimba]

I don't know why my topic has been moved to old thread - Could anyone please reply

Because you should not create multiple posts on your ILR query
As you have been out of work for nearly two years out of 5 years, it is very likely that your ILR will be refused. Tier 2 visa can only be granted up to 6 years in total

[Parkash1234]

Zimba

Thanks for your reply.. I am very stressed..could you please elaborate a little as Gaps rule is eliminated so what grounds refusal would be? and if incase I get refusal then my current tier 2 visa which is still valid until 2020 would be okay? Or I need to apply again with my current employer

[zimba]

Zimba

Thanks for your reply.. I am very stressed..could you please elaborate a little as Gaps rule is eliminated so what grounds refusal would be? and if incase I get refusal then my current tier 2 visa which is still valid until 2020 would be okay? Or I need to apply again with my current employer

It is up to UKVi to decide if you complied with the rules. The gap rule was removed two years ago for Tier 2 visa holders.
A refusal will not affect your current visa.

[Parkash1234]

Thanks Zimba....much appreciated. Could you please give a look on my prepared doc list. If this is good to go?

[zimba]

Docs are in order

[Parkash1234]

Zimba much appreciated - one last question

I been staying as rented room so what should I provide as Bills, consul tax etc. are not on my name?

[CR001]

There is no requirement to submit bills in your name.

[Parkash1234]

CR001 & Zimba thanks alot for your help.

CR001 what is your assessment on my case? Gaps would go for refusal or still have chance as I am on very good salary since more than year. Just little stressed

[Parkash1234]

CR001 & Zimba

Could I please get few clarifications before jump into online application (Killing stress )

As I said above "2 - Once I got Curtailment letter for 60 days..I had found job but employer need to advertise job etc. So I had to apply for temporary FLR(o) to get some time and withdraw my FLR(o) before finger prints and replaced with tier 2. my FLR(o) application considered as Void and full payment was return. My concern is if 5 Year tier 2 time period break?" I understand my tier 2 did not break but when I am calculating my 5 years on tier 2 do I need to subtract these 32 days of FLR (O) application? for example my first tier 2 stamped on 10 September 2014 and now 10 September I would be able to apply or do I need to wait 32 days extra?

Secondly, one of my old employer whom I stayed with 7 months only. They are refusing to give me absence letter as they don't have records in HR system anymore and HR manager also changed. I went outside country twice during their employment once 14 days and second time 13 days. What should I submit if they don't provide letter?

Please help me to understand this, greatly appreciated your all help you doing great job for people who can't afford expensive lawyers. Thanks in advance

[Parkash1234]

CR001 & Zimba if you are around? Please help

[zimba]

As I said above "2 - Once I got Curtailment letter for 60 days..I had found job but employer need to advertise job etc. So I had to apply for temporary FLR(o) to get some time and withdraw my FLR(o) before finger prints and replaced with tier 2. my FLR(o) application considered as Void and full payment was return. My concern is if 5 Year tier 2 time period break?" I understand my tier 2 did not break but when I am calculating my 5 years on tier 2 do I need to subtract these 32 days of FLR (O) application? for example my first tier 2 stamped on 10 September 2014 and now 10 September I would be able to apply or do I need to wait 32 days extra?

No, any period of overstaying between leaves will be discarded

Secondly, one of my old employer whom I stayed with 7 months only. They are refusing to give me absence letter as they don't have records in HR system anymore and HR manager also changed. I went outside country twice during their employment once 14 days and second time 13 days. What should I submit if they don't provide letter?

If it is less than 30 days then do not bother

[Parkash1234]

Zimba much appreciated.... Please could you weigh on "No period of overstaying between leaves will be discarded " So I can apply on time?

[zimba]

Periods of overstaying between leaves will be discarded under paragraph 39E of the rules

[Parkash1234]

Zimba Thanks alot but I was not overstayed, Sorry I was not able to explain...my situation was

I had my tier 2 curtailed and I got 60 days letter... my later was finishing 1 of July and 30th I applied for FLR(O) to get some time as my employer was advertising job. Before finger prints I got my CoS with employer and I veried tier 2 application with Flr(o) hence my FLR (O) application was decided as null and void. Is that make sense now? Apologies for inconvenience

[zimba]

Then there are no issues. You always had lawful residence

[Parkash1234]

Thanks Zimba - much appreciated I will get things inline for application.

[Parkash1234]

Hi all experts...

I'm in extreme stress and if someone could please help me with experience

I have made ILR application on 8 OCT on Tier 2 visa. I had attended my appointment today. I'm in great stress and started looking into submitted application and just got to know I have answered one question incorrectly.

Have you previously lived in a country outside the UK including your country of birth?

As I lived in India since my birth and then came UK 2011. I completely misunderstood question and thought countries other than UK excluding where I born. I'm sorry but I don't know how it happened and I answered NO.

What should I do now? Please help me as soon as you can (I would die cuz of this killing stress right now)

[Parkash1234]

Please help